Armory Sponsor
Posted: 1/15/2011 6:10:19 AM EDT
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Ok here goes,
Im looking to get into NFA(a suppressor and 2 sbrs to start), and I want to go the trust route, but since Im military, Im a little confused. I found out that in NC you have to also have an FFL to own NFA items, and a C&R will work for that however, I am not a resident of NC, I still maintain my Florida residency. That said my wife is still living in FL(also a FL resident) for the time being(school), would I be able to have the trust created in FL with her current Address and list her as one of the trustee's to avoid the C&R, and then just transfer the address on the trust to here after all the paperwork is done on the SBR's and can? Or does the fact that Im a FL resident mean that I can create the trust there anyways and not have to worry about the NC statutes? if any more info is needed or if anyone know a good lawyer in FL or NC that would be able to help let me know. |
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IIRC,
You can have NFA in NC if it is for "Scientific purposes" or "Research and Development." That is what has to be on the back of the Form 4. I didn't stay at a Holiday Inn Express last night- so I will defer your other questions to those who did. Found this on another forum: NFA in North Carolina sucks. If you cannot get the CLEO sign off and have to use a trust, be warned that there are pro-gun organizations in NC that do not support the trust route. That's probably where this guy is getting his advice. The trust route can be taken WITHOUT a CLEO signature for everything EXCEPT MG's. Here's a link to the NC statute that shows that the CLEO signoff is not required for ownership of everything besides machineguns. NC (a) Except as otherwise provided in this section, it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction. (b) This section does not apply to: (1) Persons exempted from the provisions of G.S. 14‑269 with respect to any activities lawfully engaged in while carrying out their duties. (2) Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses. (3) Persons under contract with the United States, the State of North Carolina, or any agency of either government, with respect to any activities lawfully engaged in under their contracts. (4) Inventors, designers, ordnance consultants and researchers, chemists, physicists, and other persons lawfully engaged in pursuits designed to enlarge knowledge or to facilitate the creation, development, or manufacture of weapons of mass death and destruction intended for use in a manner consistent with the laws of the United States and the State of North Carolina. (c) The term "weapon of mass death and destruction" includes: (1) Any explosive or incendiary: a. Bomb; or b. Grenade; or c. Rocket having a propellant charge of more than four ounces; or d. Missile having an explosive or incendiary charge of more than one‑quarter ounce; or e. Mine; or f. Device similar to any of the devices described above; or (2) Any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one‑half inch in diameter; or (3) Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer for any firearm, whether or not such firearm is included within this definition. For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; or (4) Any combination of parts either designed or intended for use in converting any device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled. The term "weapon of mass death and destruction" does not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line‑throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of Title 10 of the United States Code; or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting purposes, in accordance with Chapter 44 of Title 18 of the United States Code. Wait wait, there's more. Here's the link to the statute that requires "and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located." What "located" means, I don't know. It could mean that where ever you take the MG, or it could mean where ever your home, or where the MG will sleep at night. http://law.onecle.com/north-carolina/14-criminal-law/14-288.8.html (a) As used in this section, "machine gun" or "submachine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. (b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following: Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business; officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties; the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located. Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives. Either way, this isn't legal advice, if you want clarification, ask a lawyer, but like I said, be aware that you will find people all over NC who may be pro-gun and pro-nfa, but can be Anti-trust. Here's a link to just such a websight. Scroll down to the Class 3 ownership section and see what they say. http://www.pdhsc.com/class_iii.htm |
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Quoted:
Ok here goes, Im looking to get into NFA(a suppressor and 2 sbrs to start), and I want to go the trust route, but since Im military, Im a little confused. I found out that in NC you have to also have an FFL to own NFA items, and a C&R will work for that however, I am not a resident of NC, I still maintain my Florida residency. That said my wife is still living in FL(also a FL resident) for the time being(school), would I be able to have the trust created in FL with her current Address and list her as one of the trustee's to avoid the C&R, and then just transfer the address on the trust to here after all the paperwork is done on the SBR's and can? Or does the fact that Im a FL resident mean that I can create the trust there anyways and not have to worry about the NC statutes? if any more info is needed or if anyone know a good lawyer in FL or NC that would be able to help let me know. It is okay to have your trust have a Florida address. Just be sur eto list your wife as a trustee and use her address. A trust have generally have any address. |
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Quoted:
Ok here goes, Im looking to get into NFA(a suppressor and 2 sbrs to start), and I want to go the trust route, but since Im military, Im a little confused. I found out that in NC you have to also have an FFL to own NFA items, and a C&R will work for that however, I am not a resident of NC, I still maintain my Florida residency. That said my wife is still living in FL(also a FL resident) for the time being(school), would I be able to have the trust created in FL with her current Address and list her as one of the trustee's to avoid the C&R, and then just transfer the address on the trust to here after all the paperwork is done on the SBR's and can? Or does the fact that Im a FL resident mean that I can create the trust there anyways and not have to worry about the NC statutes? if any more info is needed or if anyone know a good lawyer in FL or NC that would be able to help let me know. It is okay to have your trust have a Florida address. Just be sure to list your wife as a trustee and use her address. A trust can generally have the address of any trustee. |
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Quoted:
Quoted:
Ok here goes, Im looking to get into NFA(a suppressor and 2 sbrs to start), and I want to go the trust route, but since Im military, Im a little confused. I found out that in NC you have to also have an FFL to own NFA items, and a C&R will work for that however, I am not a resident of NC, I still maintain my Florida residency. That said my wife is still living in FL(also a FL resident) for the time being(school), would I be able to have the trust created in FL with her current Address and list her as one of the trustee's to avoid the C&R, and then just transfer the address on the trust to here after all the paperwork is done on the SBR's and can? Or does the fact that Im a FL resident mean that I can create the trust there anyways and not have to worry about the NC statutes? if any more info is needed or if anyone know a good lawyer in FL or NC that would be able to help let me know. It is okay to have your trust have a Florida address. Just be sure to list your wife as a trustee and use her address. A trust can generally have the address of any trustee. Would this require me to have the suppressor shipped to FL? And with the Address on the trust in FL would I still be allowed to have them in NC since it is where im living? |
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